[R.O. 2012 §410.220; Ord. No. 929 Art. I, 1-19-2006]
A.
The
Building Commissioner is hereby designated as the Floodplain Administrator
for the Village of Hanley Hills, Missouri.
B.
The
Floodplain Administrator shall be responsible for the implementation
of this administrative procedure set forth herein and the duties of
the Floodplain Administrator shall include, but not be limited to,
the following:
1.
Reviewing all floodplain development permits to assure that cites
are reasonably safe from flooding and that the floodplain development
permit requirements of this Article have been satisfied;
2.
Reviewing floodplain development permits for proposed development
to assure that all necessary permits have been obtained from those
Federal, State or local governmental agencies from which prior approval
is required;
3.
Notify adjacent communities and the Department of Natural Resources
of the State of Missouri prior to any alteration or relocation of
a watercourse and shall submit evidence of such notification to the
Federal Emergency Management Agency (FEMA);
4.
Assuring that maintenance is provided within the altered or relocated
portion of said water- course so that the flood-carrying capacity
is not diminished;
5.
Verifying, recording and maintaining record of the actual elevation
(in relation to mean sea level) of the lowest floor (including basement)
of all new or substantially improved structures;
6.
Verifying, recording and maintaining record of the actual elevation
(in relation to mean sea level) to which the new or substantially
improved structures have been floodproofed; and
7.
When floodproofing is utilized for a particular structure, making
sure the Building Commissioner is presented certification by the applicant
from a registered professional engineer or architect.
C.
In carrying out the duties set forth in Subsection (B) above, the Floodplain Administrator shall have the practical responsibilities as follows:
1.
Understanding the regulations governing the floodplains;
2.
Reviewing and evaluating floodplain development permit applications
and determining whether or not development will take place in the
special flood hazard area;
3.
Interpreting floodplain boundaries and providing base flood elevation
(BFE) data when available;
4.
Reviewing plans and specifications for compliance with NFIP floodplain
management criteria;
5.
Advising applicants of other State, Federal or local permits or approvals
that may be necessary;
6.
Providing required notifications of changes and existing watercourses
to FEMA;
7.
Issuing or denying floodplain development permits;
8.
Arranging for and hiring an inspector to inspect the progress on
a field check of any development location and to verify that construction
is proceeding in conformance with approved plans;
9.
Maintaining records of floodplain development, including the number
of floodplain development permits granted, documentation of any variance
actions and copies of elevation certificates and floodproofing certificates;
10.
Investigating violations of floodplain management ordinance requirements
and taking corrective action;
11.
Counseling permit applicants and local officials on variance criteria;
12.
Coordinating map appeals and revisions;
13.
Maintaining floodplain maps, flood data and keeping updated administrative
forms;
14.
Disseminating floodplain management information; and
15.
Appointing people qualified to perform the necessary inspections
set forth herein and to contract with same on an independent contractor
basis.
[R.O. 2012 §410.230; Ord. No. 929 Art. II, 1-19-2006]
A.
Permit Application Required.
1.
Any person, firm, corporation or other entity desirous of building or developing any structure(s) or subdivision(s) within the Village of Hanley Hills shall submit a floodplain development permit application to the Floodplain Administrator. The application must be made and signed by the landowner. The floodplain development permit application shall substantially be in the form noted in Section 410.290 of this Chapter. Any floodplain development permit application must be accompanied by the documentation set forth below and shall be accompanied by the fee set for floodplain development permits provided for in the Village Code. The application itself shall provide for noting receipt of the application fee, the date so received and the form of payment received.
2.
All floodplain development applications shall be accompanied by a
legal description of the land on which the proposed work is to be
done, two (2) sets of sealed, engineered plans and specifications
for proposed construction, elevation certificates, floodproof certificates,
a certificate from a registered professional engineer or architect
that the non-residential floodproofed structure meets the floodproofing
criteria or evidence that the residential structure will be constructed
outside the Floodplain and/or the basement floor elevation is above
base flood elevation (BFE) and all permit applications required by
Village ordinance for construction of any building or structure within
the Village of Hanley Hills with relative flood information.
3.
Upon receipt of the application and review by the Floodplain Administrator,
the applicant shall supply other information as reasonably may be
required by the Building Commissioner (for example, requiring a statement
from the applicant that they are aware that elevating or flood- proofing
structures above the minimum levels will result in insurance premium
reduction, especially in the case of non-residential floodproofing
when a minus one (1) foot penalty is assessed at the time of rating
of the structure for the policy premium).
[R.O. 2012 §410.240; Ord. No. 929 Art. III, 1-19-2006]
A.
Reviewing The Floodplain Development Permit Application.
1.
The Floodplain Administrator shall review the permit application
by using the permit application checklist to determine and ensure
that the following matters have been addressed:
a.
Application completed and signed;
b.
Fees paid;
c.
Type of structure/proposed use;
d.
Blueprints/development plans submitted;
e.
Base flood elevation (BFE) documented;
f.
Elevation certificate submitted and complete;
g.
Floodproofing certificate submitted and complete;
h.
Anchoring requirements/proposed anchoring documented;
i.
No-rise certification complete;
j.
Openings for enclosures below lowest floor reviewed;
k.
Topographic information included;
l.
Floodplain and floodway boundaries shown;
m.
Construction material/method shown;
n.
Location of utilities shown;
o.
Subdivision/lot boundaries/property line shown;
p.
Encroachments shown;
q.
Cost analysis/estimate for substantial damage/improvement documented;
r.
Corp of Engineer permit attached or proof of application attached;
s.
Missouri Department of Natural Resources permit attached or proof
of application attached;
t.
Proposed watercourse alterations/relocation notification to adjacent
communities shown;
u.
FEMA approval requested for proposed alteration or relocation of
watercourse;
v.
Letter of map change attached;
w.
Historic designation made or not made;
x.
Engineering plans submitted under seal;
y.
Hydrologic/hydraulic calculations shown;
z.
Loading calculations and structural design shown;
aa.
Alternate design for openings for enclosure below BFE shown;
ab.
Design of breakaway walls greater than twenty (20) pounds a square
foot shown.
2.
Upon receipt of the application and once a determination that the
application is complete pursuant to all the requirements set forth
heretofore, the Floodplain Administrator shall review the documentation
for compliance with technical requirements of the Village of Hanley
Hills floodplain management ordinance. In the event that the current
Floodplain Administrator does not feel he or she has the technical
background necessary for reviewing compliance with the technical requirements
of the Code, then the Floodplain Administrator shall upon entry into
the position contract with an architect or engineering firm to perform
technical review of the permit application. The review of the application
shall be completed as soon as practicable and within a reasonable
time after submission to the Village thereof.
3.
Once a determination has been made that the application technically
complies with the Village's floodplain management ordinance, a copy
of the completed application shall be forwarded to an engineering
firm for review. The engineering firm shall be contracted for on a
yearly basis with the Village of Hanley Hills, and if no such firm
is currently under contract with the Village of Hanley Hills, then
the Floodplain Administrator may seek bids from a minimum of three
(3) engineering firms to complete the review of the application. The
lowest responsible bidder shall be chosen by the Floodplain Administrator.
The engineering review shall consist at a minimum of review of the
NFIP requirements, the hydrologic and hydraulic calculations, loading
calculations and methods of construction relative to floodproofing,
alternative designs for openings below lowest floor, and design and
methods of construction for breakaway walls exceeding S.O.P. loading
resistance of twenty (20) pounds per square foot
4.
The engineering firm shall complete the review as soon as practicable
and within a reasonable period of time.
B.
Approval Or Denial Of Floodplain Development Permit Application.
1.
Upon completion of review of the permit application, the Floodplain
Administrator shall approve the permit if the review indicates that
it complies with Village Code. The applicant shall be notified within
seven (7) days of completion of the review of any decision by the
Floodplain Administrator. In the event that reviewing the permit and
the plans submitted therewith indicate that certain development conditions
need to be met, then the Floodplain Administrator may conditionally
approve the permit. The conditionally approved permit shall clearly
indicate on all records of the floodplain development permit approval
the specific conditions upon which the permit is being issued.
2.
If the proposal fails to comply with the Village Code, then the Floodplain
Administrator shall deny the application. Specific reasons for denial
of the application shall be stated in such a fashion so that the applicant
may make the appropriate corrections. The decision of the Floodplain
Administrator shall be sent directly to the applicant in writing.
A copy of the decision of the Floodplain Administrator shall be kept
with the initial application in a file to be maintained by the Village
Clerk.
3.
Any denial by the Floodplain Administrator of an application shall
be appealable to the Board of Trustees. An application for appeal
must be filed within thirty (30) days of receipt of the denial letter
from the Floodplain Administrator. Receipt of the denial letter shall
be presumed to be three (3) days after mailing if sent to the applicant
at any address supplied by the applicant to the Village. Upon receipt
of such application for appeal, the Board will set a special meeting
to hear the appeal and will notify the applicant of such date within
ninety (90) days of receipt of the application for appeal. The Chairman
of the Board of Trustees shall preside at the hearing. No new evidence
shall be permitted to be introduced at the appeal. The appeal will
be determined upon whether or not the application as submitted complies
with the Village ordinances. The applicant shall have the opportunity
to address the Board on this issue alone.
C.
Village Clerk To Keep Application. Each application shall
be numbered by the Village Clerk and shall be kept in chronological
order in a separate area within the Village Hall designated application
for floodplain development permit. A master list of each application
made and each number given thereto shall be maintained separately
by the Village Clerk. The Village Clerk shall also keep a copy of
the application in a separate file under the name of the applicant.
Such separate files shall be kept in alphabetical order and shall
contain therein a cross reference to the number file wherein the original
is kept.
[R.O. 2012 §410.250; Ord. No. 929 Art. IV, 1-19-2006]
A.
General.
1.
Prior to the issuance of a floodplain development permit, an inspection
of the site shall be performed to verify that the proposed site is
in the floodplain and to get a general idea of where the structure
will be built. All inspections shall be performed by the Floodplain
Administrator or his/her designee. All inspectors shall be aware of
the floodplain development requirements and shall report any suspicious
activity in the floodplain to the Floodplain Administrator. No inspections
set forth herein shall take place more than one hundred twenty (120)
days from the last inspection. Upon issuance of a floodplain development
permit, inspections of the site and construction work shall be performed
on a periodic basis as the construction work progresses.
2.
All inspections performed shall be recorded by the inspector and
the original shall be kept with the file designated for the application
of the permit. A copy of the inspection shall be kept by the inspector
in a separate file which shall be maintained by the Village Clerk
underneath the name of the applicant and such file shall be kept in
alphabetical order by the Village Clerk. The inspection file may be
the same file in which a copy of the original application is kept.
3.
The inspector will relate any deficiencies to the permit holder by
issuing a correction notice to the permit holder by mail as well as
at the job site. A duplicate of the correction notice shall be kept
in both the application for permit file and the inspection file previously
noted and shall be maintained by the Village Clerk.
4.
Construction documents shall be routinely reviewed by the inspectors
prior to any inspection to verify lowest floor elevation. A registered
land surveyor or engineer must submit sealed documents verifying elevations
and actual location of floodplain boundaries as described in the approved
set of drawings. Elevation must be verified prior to placement of
the lowest floor of the structure. At or near the final inspection,
several areas of flood development will be reviewed including, but
not limited to, landscaping, berms, retention areas, storm water management
and floodway encroachments.
5.
At each inspection, the inspector shall confirm that the line between
design and actual construction/development is made in compliance with
the approved plans. Any deviation noted from the plans shall be noted
as set forth above.
B.
Inspection 1.
1.
The first (1st) inspection shall be performed immediately after completion
of surveyor's location of base flood elevation (BFE) and precise construction
location in the field. Inspection results will be entered on the floodplain
development inspection form. Permit holder will be provided with the
inspection results and a copy of the inspection form at the time of
inspection or at a subsequent meeting in person. The original inspection
form shall be kept in the inspection file and a copy thereof shall
be placed in the permit file.
2.
At the first (1st) inspection, with plans in hand, the inspector
shall determine that site identified on the proposed plans is consistent
with actual ground conditions shall further verify the location of
floodplain and floodway boundaries, if applicable.
C.
Inspection 2.
1.
The second (2nd) inspection shall be performed just prior to the
placement of the lowest floor of the building. The inspector shall
determine at that time whether the lowest floor will be situated to
the heights stipulated on the permit and construction plans, the type
of foundation used is the type set forth in the construction plans
and shall check floodway encroachments, if applicable. This inspection
shall be performed by the inspector immediately after the foundation
is formed, but prior to the placement of any concrete.
2.
Any discrepancies discovered by the inspector shall be recorded and
shall be served upon the permit holder as set forth for Inspection
1. The records of any notice of violation as well as the inspection
itself shall be kept as set forth for Inspection 1.
D.
Inspection 3. At or near the completion of the development
or the construction, a third (3rd) inspection shall take place by
the inspector to:
1.
Determine whether the placement of fill, if used, meets the necessary
slope and protection standards contained in local regulations;
2.
Inspect enclosures below the lowest floor to ensure adequately sized
openings exist;
3.
Check breakaway walls;
4.
Check for floodway encroachments, if applicable; and
5.
Check anchoring system used in securing manufactured homes.
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This inspection shall be performed by the inspector after the
improvements are fully completed. Any discrepancies noted by the inspector
shall be served upon the permit holder in the same manner as set forth
for Inspection 1. Records of the inspection and any notice of deficiencies
shall be kept as set forth in Inspection 1 above.
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E.
Future Additional Inspections. No future/additional inspections
shall be required unless after Inspection 3 the property does not
pass inspection. Upon successfully passing Inspection 3, no scheduled
inspections will take place on the property. The Village reserves
the right to inspect the property from time to time to enure compliance
with the Floodplain Management Regulations. All permits issued shall
specifically state that the permit is issued upon the condition that
the Village of Hanley Hills may perform an inspection upon the property
at any time and that the applicant consents to allowing the inspection
to take place which includes allowing inspection of the Village of
Hanley Hills to come onto the applicant's property. The applicant
shall further be notified that the applicant must notify any subsequent
landowner of this provision for the permit being issued and that same
condition will run with the land and continue indefinitely until such
time as the Federal Government or the State of Missouri determine
that the property is no longer within a floodplain.
[R.O. 2012 §410.260; Ord. No. 929 Art. V, 1-19-2006]
A.
Violation.
1.
Any non-compliance with the approved permit or any non-compliance
with the Village Floodplain Management Regulations shall constitute
an ordinance violation. Any ordinance violation so noted shall be
subject to the penalties set forth herein. Any person or business
entity who is the permit holder shall be responsible for compliance
with the Village Code and subject to the violations set forth herein.
Any discrepancy found shall be a violation whether or not the permit
holder knew or should have known of the violation.
2.
The inspector shall upon noting any violation, in addition to issuing
a notice of non-compliance, seek the aid of a Police Officer within
the Village of Hanley Hills to issue a summons to the permit holder
for the noted violation. Said summons shall require the permit holder
to appear in Municipal Court to answer to the charge made by the inspector.
Any violation found by the court shall be punished by a fine from
fifty dollars ($50.00) to one thousand dollars ($1,000.00) or from
one (1) day in jail to ninety (90) days in jail or a combination of
fine and jail time as the court deems appropriate.
B.
Stop Work Order.
1.
If the non-compliance found by the inspector is serious or if the
problem continues after follow up inspections, the inspector shall
issue a stop work order. The stop work order shall be hand delivered
in the field and followed up with a letter via certified mail. The
letter will state the issue of non-compliance, refer to the ordinance
so violated and allow up to thirty (30) days to correct the action.
In the event that the permit holder fails to correct the violation
within the time stated in the stop work order or fails to stop work
upon the project (except for work necessary to bring the project into
compliance), the Village will take any legal action necessary to enforce
its order as allowed by law. Such actions may include an injunction,
a restraining order and/or suit for damages. Despite this paragraph,
the Village shall prosecute in Municipal Court all violations of the
Floodplain Management Code and of this Article.
2.
In the event that the permit holder believes the inspector to be incorrect in his/her decision to issue a stop work order, then the permit holder will have the right to appeal said decision to the Board of Trustees of the Village of Hanley Hills. A hearing will be convened as set forth in Section 410.220, except that the permit holder and the Village will have the opportunity to present evidence at the hearing. A record of the hearing will be maintained. Any party aggrieved by the decision of the Board shall have the right to appeal the decision to the Circuit Court of St. Louis County, Missouri, as provided for in Missouri Statutes for Administrative Appeals (see Sections 536.010, RSMo., et seq.).
C.
Revocation Of Permit. Upon non-compliance with a stop work
order and failure to correct the non- compliance stated therein within
the time frame specified therein, the Floodplain Administrator shall
revoke the permit issued pursuant to this Article. Once revoked, the
permit holder must reapply for a permit as if no permit had previously
been issued. Any work done at the site after revocation of the permit
shall be subject to prosecution in Municipal Court as well as any
civil action for injunction and/or damages the Village deems appropriate.
In the event the Municipal Court finds that the permit holder knowingly
violated the stop work order and notice of revocation of permit, the
court shall sentence the permit holder to a fine of five hundred dollars
($500.00) to one thousand dollars ($1,000.00) and shall sentence the
permit holder to serve a minimum of twenty-four (24) hours in jail.
The maximum jail time under this Section shall be fifteen (15) days.
In the event that the court finds that the permit holder had previously
violated this Section of this Article, the court shall sentence the
permit holder to serve a minimum of two (2) days in jail and pay a
minimum fine of seven hundred fifty dollars ($750.00). The maximum
jail time under this Section shall be fifteen (15) days and the maximum
fine shall be one thousand dollars ($1,000.00).
[R.O. 2012 §410.270; Ord. No. 929 Art. VI, 1-19-2006]
A.
The variance procedure shall be as set forth in the current Code of the Village of Hanley Hills Section 410.140 as codified in Ordinance 817 which ratified Ordinance 668 of the Village of Hanley Hills, Missouri.
B.
An
applicant seeking a variance must file the completed application for
variance from the Board of Adjustment and pay the variance request
fee of seven dollars ($7.00) for residential property and one hundred
fifty dollars ($150.00) for non-residential property. Both applications
must also include a thirty dollar ($30.00) advertising fee.
[R.O. 2012 §410.280; Ord. No. 929 Art. VI, 1-19-2006]
A.
Record Keeping. The Village Clerk shall maintain all records with regard to floodplain development. Application for permits and permits shall be kept as set forth in Section 410.220 which requires both a numbering system for the application as well as a copy kept under the name of the applicant and a cross reference system. Any other documents which pertain to the permit shall be kept as follows:
The original shall go in the application file, and a copy shall
be placed in the cross referenced named file of the applicant. Such
documents shall include, but not be limited to, application for variance,
elevations and floodproofing certificates, the findings of fact relative
to variance and appeal, "no rise" certification in case of floodway
development and copies of "submit for rate" on all structures built
below base flood elevation. Further, a copy of all checklists and
forms associated with the project/application shall be maintained
in the same manner.
B.
General Floodplain Development Documents.
1.
The following documents shall be maintained by the Village Clerk
in folders labeled Floodplain Management with a calendar year thereon:
All documents for the calendar year which pertain to floodplain development
including, but not limited to, NFIP bi-annual report forms, other
NFIP correspondence, floodplain management data, information regarding
development pressure on the floodplain, variances issued in the floodplain
which are of particular interest to FEMA, as well as copies of blank
forms and checklists used during that calendar year for the purposes
of the floodplain development.
2.
The Floodplain Administrator shall be responsible for maintaining
an adequate supply of FEMA maps for administrative purposes, keeping
a record of all map corrections and notices of map revisions (and
attaching same to the official administrative map(s)), maintaining
other sources of known flood data for approximate floodplain areas,
and ensuring that accurate floodplain maps are displayed in the appropriate
public place.
3.
The Floodplain Administrator shall append to the Official Village
Floodplain Map for permanent record of all official revisions of the
flood maps whether accomplished by a Letter of Map Amendment (LOMA)
or Letter of Map Revision (LOMR). Such revisions shall also be made
as part of the FEMA maps kept for administrative purposes and available
to the public.
C.
The
Floodplain Administrator shall be responsible for completing, signing
and submitting the FEMA bi-annual report.
